The Caernarfon Harbour Trust (Constitution) Harbour Revision Order 2012

PART 1PRELIMINARY

Citation and commencement

1.—(1) This Order may be cited as the Caernarfon Harbour Trust (Constitution) Harbour Revision Order 2012 and shall come into force on 25th August 2012.

(2) The Caernarfon Harbour Acts and Orders l793 to 1989 and this Order may be cited together as the Caernarfon Harbour Acts and Orders 1793 to 2012.

Interpretation

2.—(1) In this Order—

“the 1989 Order” means the Caernarfon Harbour Revision Order 1989(1);

“the Trust” means the Caernarfon Harbour Trust established by the Caernarfon Harbour Acts and Orders 1793 to 2012;

“Caernarfon Harbour” means the existing harbour area and the additional area;

“the existing harbour area” means the area below the level of mean high water spring tides bounded by a line drawn from a point 53 degrees 09.603’N, 4 degrees 25.740’W through a point 53 degrees 04.560’N, 4 degrees 32.172’W to a point 53 degrees 0.632’N, 4 degrees 23.535’W and a line drawn between points 53 degrees 13.030’N, 4 degrees 11.235’W and 53 degrees 12.904’N, 4 degrees 11.060’W (based on the WGS 84 datum);

“the additional area” means the area below the level of mean high water spring tides bounded by a line drawn between points 53 degrees 13.030’N, 4 degrees 11.235’W and 53 degrees 12.904’N, 4 degrees 11.060’W and a line drawn between points 53 degrees 13.272’N, 4 degrees 09.855’W and 53 degrees 13.152’N, 4 degrees 09.737’W (based on the WGS 84 datum);

“appointing body” means a Council referred to in article 3(1)(a), (b) or (c) or the existing Trustees or the Trustees appointed under this Order with the power to appoint trustees conferred by article 3(1)(d);

“the existing Trustees” means the trustees of the Trust in office immediately before the new constitution date;

“the Trustees” means the trustees of the Trust appointed to act as trustees, under article 3 initially or under that article subsequently or under article 5 to fill a casual vacancy or co-opted to act as trustees under article 6;

“the Harbour Master” means the person appointed as such by the existing Trustees or the Trustees appointed under this Order;

“the new constitution date” means 1st November 2012; and

“the WGS 84” means the World Geodetic System, revised in 1984 and further revised in 2004.

(2) References in the Caernarfon Harbour Acts and Orders 1793 to 1989 to “the Trustees” are to be taken on and after the new constitution date as references to the Trustees appointed under this Order.

(3) In construing the provisions of the Harbours, Docks and Piers Clauses Act 1847(2) incorporated by article 3 of the 1989 Order the expression “the special Act” means the 1989 Order and this Order.

PART 2THE TRUSTEES OF THE TRUST

Constitution of the Trust

3.—(1) Subject to article 6, on and after the new constitution date the Trust shall consist of no more than ten trustees able to act as trustees of the Trust (in accordance with article 7) as follows—

(a)one trustee appointed by Gwynedd Council;

(b)one trustee appointed by Ynys Mon Council;

(c)one trustee appointed by the Council of the Royal Town of Caernarfon;

(d)six trustees appointed initially by the existing Trustees and subsequently by the Trustees appointed under this Order; and

(e)the Harbour Master,

but the Trust shall be properly constituted at any time if there are no fewer than seven trustees (in office under this paragraph or article 5 or co-opted under article 6) able to act as trustees of the Trust.

(2) A person must not be appointed under paragraph (1)(a) to (d) or article 5 or co-opted under article 6 to act as a trustee unless he has special knowledge, experience or ability appropriate to the efficient, effective and economic discharge of a trustee’s functions including, in particular (but without prejudice to the generality of the foregoing), special knowledge, experience or ability in one or more of the following—

(a)management of harbours;

(b)shipping or other modes of transport;

(c)appropriate commercial or industrial experience;

(d)financial expertise;

(e)administration;

(f)organisation of workers;

(g)sport and recreational uses of harbours;

(h)environmental issues;

(i)specific knowledge of, or interest in, the local community and the wider community or the economic and social context within which the Trust operates;

(j)tourism and leisure;

(k)health and safety;

(l)legal expertise; and

(m)any other skills and abilities considered from time to time by the appointing bodies to be relevant to the discharge by the Trustees of their functions.

(3) In making an appointment under paragraph (1) or article 5 the appointing body, or in co-opting a person under article 6 the Trustees, must have regard to any guidance issued by the Secretary of State from time to time with respect to the exercise of such functions.

(4) An existing Trustee shall be eligible for appointment or co-option to act as a trustee of the Trust on and after the new constitution date.

Appointment and terms of office

4.—(1) The initial appointments under article 3(1)(a) to (d) must be made as soon as practicable after the coming into force of this Order so that the persons appointed are able to act as trustees of the Trust on and after the new constitution date in accordance with paragraph (2).

(2) Of the trustees appointed initially under article 3(1)(a) to (d)—

(a)one must be appointed by Gwynedd Council and two must be appointed by the existing Trustees to hold office for a term of one year starting on the new constitution date;

(b)one must be appointed by Ynys Mon Council and two must be appointed by the existing Trustees to hold office for a term of two years starting on the new constitution date; and

(c)one must be appointed by the Council of the Royal Town of Caernarfon and two must be appointed by the existing Trustees to hold office for a term of three years starting on the new constitution date.

(3) Subsequent appointments in any year under article 3(1)(a) to (d) shall be for a term of three years starting on the 1st November following the expiry of a previous term of office, and must be made so that the persons appointed are able to act as trustees of the Trust on and after that date.

Casual vacancies

5.—(1) A casual vacancy arising in the office of a trustee appointed under article 3(1)(a) to (d) must, unless it is not reasonably practical to do so, be filled, by the appointment, in accordance with articles 3(2) and (3) and 4, of a trustee as a replacement by the appointing body with power to appoint the trustee to be replaced.

(2) A trustee appointed to fill a casual vacancy under this article shall, subject to articles 7 and 8 and paragraph 10 of Schedule 2, hold office during the remainder of the term for which the replaced trustee was appointed.

Power to co-opt trustees

6.  The Trustees may co-opt not more than two persons to act as additional trustees for such period not exceeding a term of twelve months as the Trustees may specify at the time of the co-option.

Declaration to be made by a person appointed as a trustee

7.—(1) A person is able to act as a trustee of the Trust on or after the new constitution date or on or after any subsequent 1st November when he has made a declaration (whether before or after such date) substantially in the form set out in Schedule 1.

(2) A person who fails to make such a declaration within three months of the date of his appointment ceases to be a trustee.

Disqualification

8.  If the Trustees are satisfied that a trustee—

(a)has without the permission of the Trustees been absent from duly convened meetings of the Trust—

(i)for a period during which three such meetings have been held, or

(ii)for a period of three months,

whichever of these periods is the longer; or

(b)has become bankrupt or has entered into an arrangement with his creditors; or

(c)is incapacitated by physical or mental illness from discharging the functions of a trustee; or

(d)is otherwise unable, unwilling or unfit to discharge the functions of a trustee,

the Trustees may declare the office of that trustee to be vacant with effect from the date of that declaration.

Further provisions relating to trustees

9.  Schedule 2 has effect.

PART 3MISCELLANEOUS AND GENERAL

Indemnity insurance for trustees

10.  The Trust may enter into, and pay premiums for, a contract of insurance to indemnify the Trustees jointly and severally against personal liability arising from any act or omission of the Trustees or any of them, not being an act or omission which the Trustees or, as the case may be, the trustee knew to be a breach of duty or, concerning which the Trustees or, as the case may be, the trustee was reckless as to whether it was such a breach.

Power to carry on trade or business

11.—(1) The Trust may carry on a trade or business of any kind that conduces to the efficient and economical performance by the Trust of its functions in respect of Caernarfon Harbour, including, without prejudice to the generality of the foregoing, a trade or business carried on in conjunction with another person.

(2) The powers of the Trust under this article are additional to the powers of the Trust under section 37 of the Docks and Harbours Act 1966(3).

Revocation

12.  On the new constitution date articles 3(2), 4 to 8, 9(1), (2) and (3), 13 and 14 of the 1989 Order are revoked.

Extension of limits of jurisdiction

13.  The limits within which the Trust has jurisdiction shall include the additional area.

Cesser of existing Trustees

14.  On the new constitution date the existing Trustees cease to be trustees of the Trust.

Advisory Committee

15.—(1) The Trustees must establish an Advisory Committee which they must consult on all matters substantially affecting the management, maintenance, improvement, conservation, protection or regulation of Caernarfon Harbour.

(2) The Trustees must make arrangements for the Advisory Committee to meet not less than twice a year.

(3) The Trustees must take into consideration any matter, recommendation or representation which may from time to time be referred or made to them by the Advisory Committee whether or not the Advisory Committee has been consulted by the Trustees on the matter, recommendation or representation.

(4) The Trustees must appoint the following members of the Advisory Committee—

(a)one nominated by the Welsh Yachting Association;

(b)three nominated by sailing clubs or yachting clubs using Caernarfon Harbour, no club being entitled to make more than one nomination;

(c)one nominated by the Countryside Council for Wales;

(d)one nominated by the Menai Strait Users Association;

(e)one nominated by the Environment Agency Wales;

(f)one nominated by the Welsh Government Fisheries Unit;

(g)one nominated by Plas Menai National Watersports Centre; and

(h)one nominated by the operators of Portdinorwic Marina,

and they may appoint up to four members chosen by them to represent persons interested in Caernarfon Harbour other than those mentioned in the preceding sub-paragraphs, but the committee shall be properly constituted at any time if there are no fewer than eight members appointed.

(5) If it appears to the Trustees in the case of any of the nominations referred to in paragraph (4) that the body by which the nomination is to be made has refused or failed to nominate a person for appointment as a member within a reasonable time of being requested by the Trustees to do so, or if the body by which any of nominations is to be made has ceased to have an identifiable existence, the appointment must be made by the Trustees after consultation with the Advisory Committee and the persons (if any) appearing to the Trustees to be representative of the interests represented or formerly represented by the nominating body.

(6) The Chairman of the Trustees, or his representative, and the Harbour Master, or his representative, shall be entitled to attend any meeting of the Advisory Committee.

(7) The Advisory Committee may determine its quorum and procedure and must appoint one of its members to chair the committee with a casting vote.

(8) A member of the Advisory Committee may, on giving notice in writing to the chairman of the committee, send a representative to any meeting of the committee.

(9) A member of the Advisory Committee shall hold office for a term of three years from the date of his appointment and at the end of that term shall be eligible for reappointment.

(10) A member of the Advisory Committee may resign his office at any time by notice in writing to the Chairman of the Trustees.

(11) If a member of the Advisory Committee resigns his office or if his term of office is terminated by the Trustees because, in the opinion of the Trustees, he is no longer able to perform his functions as a member or if for any other reason he ceases to be a member, the Trustees may appoint a person as a member in his place for the remainder of his term of office, after consultation with the persons (if any) appearing to the Trustees to be representative of the interests represented by the former member.